Court of Protection and Deputyship Price and Services Information

We want to provide you with all the information you need when considering our legal services. Our aim is to be transparent and enable you to make an informed decision when choosing a law firm.

The legal services we provide are personal and tailored to you and your specific circumstances. In addition to the prices and services listed below, we will always provide a written quote – so you’ll know the full cost before you go ahead.

This page contains very detailed information. If you would prefer a simple overview of our service please see Deputyship Applications ›

If you have any queries, please contact our friendly team for no-obligation help.
01643 802 263  enquiries@rjpadgett.co.uk

Staff delivering the service

Rebecca Padgett (Managing Director) will carry out the work on your matter.  Rebecca Padgett is a Solicitor and a Chartered Legal Executive. She is also a member of the Society of Estate and Trust Practitioners.  Rebecca also holds the Institute of Legal Finance and Management’s diploma in Legal Professional Accounts Rules and Bookkeeping. She has over 18 years’ experience in private client work. Read Rebecca’s full profile here ›

Court of Protection and Deputyship

If someone loses capacity without first making a Lasting Power of Attorney (LPA), an application for Deputyship can be made. This enables a person (the Deputy) to deal with property and financial affairs.

There is also a Deputyship for Personal Welfare; however, this is rare. Instead, most day-to-day decisions can be made under the Mental Capacity Act’s Best Interests Framework without a deputy.

We are often asked to help with deputyships because a person has left it too late to make a Lasting Power of Attorney and has already lost capacity.

There is further information about the Court of Protection and Deputyship on the .Gov website at www.gov.uk/become-deputy

Application to the Court of Protection to appoint a deputy for property and financial affairs

We will:

• Meet with the person lacking capacity to carry out an initial assessment of their capacity. Let them know that we will be preparing a deputyship application on their behalf and explain who the deputies will be and what powers they will have.
• Provide a letter of advice to the proposed deputies explaining the legal process
• Explain the proposed deputies’ responsibilities and legal obligations when acting as a deputy
• Provide a list of information required to complete the Court of Protection forms
• Analyse the assets, income and liabilities of the person who lacks capacity
• Prepare the Court of Protection forms to include a request to sell property if required
• Organise a psychiatrist’s capacity assessment for the person lacking capacity
• Serve notices on the person lacking capacity and three connected people of the deputyship application
• Submit application to the Court of Protection
• Liaise with the Court of Protection
• Obtain the Deputyship Order and advise deputies of next steps.

What is not included:

Administration of the person without capacity’s affairs

Timeframe:

We will prepare the application in 4 to 6 weeks after receiving initial instructions. This will include organising a capacity assessment for the person who lacks capacity.

Prior to lodging the application with the Court of Protection it is necessary to notify the person lacking capacity and three people connected with them that the application is being made. They have 14 days to reply.

Unless the application is an urgent application, the Court of Protection can take up to 4-6 months to process the application. However, delays can extend this to 9-12 months.

The whole process can take between 7 and 13 months until the Deputyship Order is granted.

Price:

A fixed fee of £2,000 plus VAT of £400, totalling £2,400

In addition, we will need to verify the identities of the person lacking capacity and deputies. This costs £30 plus VAT of £6, totalling £36 per person.

Disbursements (payments to third parties):

H M Land Registry - Bankruptcy searches for person lacking capacity and deputies. £6 plus VAT of £1.20, totalling £7.20 per person

This search is carried out to ensure that the person lacking capacity and the deputies are not bankrupt.

H M Land Registry – Official Copy Entries £7.00 per copy plus VAT of £1.40, totalling £8.40 per copy.

This to check the title to any property held by the person lacking capacity and to check for a mortgage.

Court of Protection fee - £421

Psychiatrist’s mental capacity assessment, fee varies, estimate between £400 plus VAT of £80, totalling £480, and £750 plus VAT of £150, totalling £900

Security Bond – to be specified by the Court of Protection

These fees and payments are payable by the person who lacks capacity.